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I posted a question about the protocol for the USCG approaching a boat flying the diver down and alpha flag. Got some replies on this site that were pretty friendly but the same question on a different boating forum got really nasty. I believe there must be a lot of maritime law experts or they all staid at a Holiday Inn the night before. In general they were all wrong, I emailed the local sheriffs dept and received the reply below. Remember this is New York, alot of boaters think the rules pertaining to the flag are guidelines, even had one guy say he can pull up to a flag and start fishing. This is just info because there is a lot of these type people out there and some even wear uniforms. it maybe helpful if other people in other states contact local law enforcement to try and get local rules.
Thanks
Kevin
[B]Mr. Lauricella,
Navigation Law, section 45.1a states:
"No vessel other than the tending vessel shall be operated within
one hundred feet of a red flag with a diagonal white bar which, when
displayed on the water or from a boat, indicates underwater diving, or a
designated course for racing shells but no such flag shall be placed so
as to deny access or use of any boathouse, wharf, harbor, bay, channel
or navigable waterway."
Simply stated, the flag can be displayed on the boat conducting the dive or the flag can be floating in the water where the divers are. If a boater interferes or gets to close to a diver or dive operation, they can receive a ticket.
On Mon, Jul 25, 2011 at 12:52 PM, Kevin Lauricella <klaurice@twcny.rr.com> wrote:
What is the law for the diver down flag for boaters. Is there a minimum distance that has to be kept and can someone receive a ticket for getting too close or could someone drive up next to you and start fishing. I kept getting a lot of peoples ideas but would like to know what the law is.
Thanks
Kevin
--
Oswego County Sheriff's Office
39 Churchill Rd.
Oswego, NY 13126-6613
I live and dive in New York myself. I have never seen the Coast Guard, state, county or local marine police ever ticket a boater for coming too close to a dive flag in the past 40+ years I have been diving here. Now that you know what the law is go back and ask why it is never enforced.
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